The Law Office of Ryan Deck – Can a Felony Drug Possession Charge Be Reduced to a Misdemeanor in Texas?

How long does it take to reduce a felony drug possession charge to a misdemeanor?

There is no set timeline. The process depends on factors such as the strength of the evidence, whether there are legal issues in the case, your criminal history, and how quickly treatment or rehabilitation begins. Some cases can be negotiated early, while others require more time and court involvement. Your defense attorney will be able to provide a projected timeline after an initial consultation.

Will my charge automatically be reduced if it is a first offense?

No. While a first-time offense can improve your chances, a reduction is never automatic. Prosecutors still review the legality of the arrest, the facts of the case, and any steps you have taken since the arrest before agreeing to a misdemeanor resolution.

Do I have to plead guilty to get a felony reduced to a misdemeanor?

Not necessarily. In some cases, a reduction may occur as part of a negotiated plea, while in others it may involve deferred adjudication or a §12.44(b) agreement. The best option depends on the specific facts of your case and your long-term goals.

Does entering treatment guarantee a reduction?

No, but it can significantly help. Voluntarily entering treatment shows accountability and effort to address underlying issues. Prosecutors often view this favorably, especially when combined with a clean or limited criminal history.

What types of drug possession charges qualify for reduction?

Many state jail felony drug possession charges may qualify for reduction under Texas Penal Code §12.44(b). More serious felony levels or cases involving large quantities may be less likely to qualify, but every case should be reviewed individually.

Can a felony reduction help with future employment or housing?

Yes. A misdemeanor conviction generally has a lesser long-term impact than a felony conviction. Reducing a felony charge can make it easier to pursue future employment, housing, and professional opportunities. You will also want to consider a record seal or expunction, depending on the outcome of your case.

Does a reduction mean the case will disappear from my record?

No. Even if a felony is reduced to a misdemeanor, the arrest and case may still appear on your record. However, depending on how the case is resolved, you may later be eligible for expunction or a record seal. An attorney can help you explore those options.

Should I talk to the prosecutor directly about a reduction?

No. Anything you say can be used against you. Negotiations about reductions should always be handled by an experienced criminal defense attorney who understands how to protect your rights and position your case effectively.

Why is hiring a local Williamson County attorney important?

Relationships matter, especially for local courts. Local courts have their own procedures, expectations, and prosecutorial practices. An attorney who regularly works in these courts understands how these cases are typically handled and can better navigate negotiations and court appearances.

What is the first step I should take after a felony drug possession arrest?

Contact a criminal defense attorney as soon as possible. Early involvement allows your lawyer to review the legality of the arrest, advise you on treatment options, and begin building a strategy aimed at reducing or dismissing the charge.